HomeMy WebLinkAboutRES 18-185RESOLUTION NO. 18-185
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Interlocal
Agreement with the Jefferson County to perform the functions necessary to summon
and empanel jurors for Municipal Court. Said Interlocal Agreement is substantially in the
form attached hereto as Exhibit "A" and made a part hereof for all purposes.
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The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of
August, 2018.
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INTERLOCAL COOPERATION AGREEMENT
BETWEEN -JEFFERSON COUNTY AND CITY OF BEAUMONT FOR
CONSOLIDATED JURY MANAGEMENT
This Interlocal Cooperation Agreement is made by the following parties:
Jefferson County, apolitical subdivision of the State of Texas ('County") and
City of Beaumont, a home rule city, a municipal corporation, and political subdivision of the
State of Texas ("City").
RECITALS
City maintains and operates a municipal court,_
County and City desire to consolidate jury management.
County and City want to minimize duplicative efforts where possible.
Both County and City want to enter into an Interlocal Cooperation Agreement pursuant to
V.T.C.A., Government Code, Ch. 791.
AGREEMENT
NOW, THEREFORE, in consideration of the above premises, County and City mutually agree
to the following terms and conditions:
1.0 Definitions.
In this Agreement,
1.01 "City Council" means. the City Council of the City of Beaumont.
1.02 "Commissioners' Court" means the Jefferson County Commissioners' Court.
2.0 Term
2.01 Initial Term. This Agreement shall be for a term of twelve (12) months commencing on
October 1, 2018 and ending on September 30, 2019.
2:01 Renewal Term. This Agreement shall automatically renew on October 1, 2019, -for a
term of one year, and shall automatically renew for terms of one year thereafter, unless sooner
terminated in compliance with this agreement.
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EXHIBIT "A"
3.0 County Responsibilities. County will:
3.01 Perform all functions necessary to summon and.empanel jurors for Municipal Court and
will provide jury panels, including completed juror questionnaires, for Municipal Court in
accordance with its trial schedule.
3.02 Provide -information to individuals who have questions about their jury duty and about
jury service in general.
3.03 Provide and invoice to Municipal Court, on a monthly basis, to reimburse the. County for
the cost. of services described above. The cost of sezvices:per empaneling date is calculated at
nineteen cents ($.19) per juror summon mailed plus actual cost of postage: For the renewal
term, the District Clerk and the Municipal Clerk will meet before each renewal term to evaluate
the need to amend the agreement. The cost sharing calculation will be based on the number of
juror summons mailed for each empaneling. date (for every juror needed six (6) summons will
be mailed based on the current response ratio) in order to provide the required number of jurors
plus the actual cost of postage to mail the juror summons.
4.0 City Responsibilities. City will:
4.01 Provide clerical support during the empaneling sessions.
4.02. Provide information to individuals who . have questions about their jury service in
Municipal Court specifically.
4.03 Maintainjuiry service history for all jurors serving in Municipal Court.
4.04 Pay County within thirty. (30) days of receipt of invoice for the cost of Empaneling
Services including actual cost of postage: described in Section 3.04.
4.Q5 . Provide the County with a schedule of normal jury trial dates for. Municipal. Court and
any special jury panels with at least three (3) weeks' notice. Provide the County with at least
three (3) weeks' notice for cancellation of any scheduled jury trial dates for Municipal. Court.
- — - - -- -4:06 - .P-repare.and-mail juror pay ment.cheeks for juror -s. -ser -vice -in Municipal -Court -in -amounts-._
directed by Municipal Court.
5.0 Compliance with Law.
5.01 City and- County shall comply with .all laws, rules and regulations• applicable to
performance of the Agreement.
6.0 Amendments.
6.01 Formal Process. Any change to the provisions of this Agreement or any attachments to
.it shall be made in writing and signed by both parties. It is -acknowledged by City that no
officer, agency, employee or representative of County has any authority to change the
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provisions of this Agreement or any attachments -to it, unless expressly granted that authority
by the Commissioners' Court. It is acknowledged by County that no officer, agency, employee
or- representative of City has any authority to -change the provisions of the Agreement or any.
attachments to it, unless expressly granted that authority by the City Council.
6.02 City Request. City shall submit all requests for changes to this. Agreement or any
attachment to it to the Jefferson County District Clerk's Office, who shall present City's
requests to the Commissioners' Court for consideration.
6.03. County Request. County shall submit all requests -for changes to the Agreement or any
attachment to it to the Clerk of the Municipal Court who .shall present County's requests to City
Council for consideration.
7.0 Non -Waiver and Reservation of Remedies.
7.01 Non -Waiver. Any act of forbearance by either party to . enforce any provision of this
Agreement shall not be construed as a mod'if'ication of this Agreement or as a waiver of any
breach or default of the other party which then exists or may subsequently exist. The failure of
either party to exercise any right or privilege granted in;this Agreement'shall not be -construed
as a waiver of that right or privilege.
7.02 Reservation of Rights and Remedies. All rights of both parties under this Agreement
are specifically reserved. Any payment, act or omission by a party shall not impair or prejudice
any remedy or right of that party under this Agreement. Any: right or remedy stated in this
Agreement shall not preclude the exercise of any other,right or remedy under this Agreement,
the law or at equity, nor shall any action taken in the exercise of any right or remedy be deemed.
waiver of any other rights or remedies.
8.0 Termination.
8.01 Either party may terminate this Agreement at anytime and for any reason by giving the
other party written notice of its decision to terminate at least forty-five (45) days prior to the
effective date of termination:
9.0 Law and Venue
9.01 This Agreement is .governed by the laws of the State of Texas and all obligations under
this Agreement are performable in Jefferson County, Texas.
10.0 Independent Entity and Acknowledgement of Responsibilities.
10.01 Independent Entity. The parties expressly acknowledge and agree that City and County
are independent. entities and each assumes all.the rights, obligations, and liabilities applicable to
it as an independent entity. No employee of the City shall be considered an employee, agent, or
representative of the County or gain any rights against the County pursuant to the County's
personnel policies. No employee of the County shall be- considered an -employee, agent, or
representative of the City or gain any rights against the City pursuant to the City's personnel
policies.
10.02 Responsibilities. City shall not be liable for any claims, damages or attorney fees
arising from any negligence or wrongful acts of the County employees in relation to this
Agreement. County shall not be liable for any claims, damages or attorney's fees arising from
any negligence or unlawful acts of the City or its employees in relation to this Agreement.
11.0 Immunity or Defense.
11.01 It is expressly understood and agreed that, in the :execution of this Agreement, neither
the City nor. the County waives, or shall be deemed to. have waived, any immunity or defense
that would be otherwise be available to it against . *claims arising in the exercise of its
governmental powers and functions
12.0 Notices.
12.01 Method of Notice. Any notice required or permitted to be given under this Agreement
by one party to the other shall be in writing and shall be given and deemed to have been given
immediately if delivered in person to the address set: forth in 12.02 or 12.03 for the party to
whom the notice is given, or ori the third day following mailing if placed in the United States
mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to
the party at the address specified in 12.02 or 12.03..
12.02 Address of Cou ly. The address of County' for all. purposes under this contract shall be:
Judge Jeff Branick (or his successor in office)
Jefferson. County Judge.
1149 Pearl Street.4th Floor
Beaumont, Texas 77701
12.03 Address of City. ° The address of the City for all purposes under this Agreement and for
all notices. hereunder shall.be:
Kyle Hayes (or his successor in office)
City. Manager, City of Beaumont
801 Main, Suite 300
Beaumont,- Texas 77701
12.04 Change of Address. Each party may change the address for notice to it by giving notice
of the change in accordance with the provisions of 12.01.
13.0 Entire Agreement.
13.01 Agreement All Inclusive. All oral and written agreements between the parties relating
to the subject matter of this Agreement that were made prior to the execution of the Agreement
have been reduced to writing and are contained in this Agreement.
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14.0 Severability.
14.01 If any portion of the Agreement is ruled invalid by a court of competent jurisdiction, the
remainder of the Agreement shall be construed as if that portion were not included in the
Agreement and shall remain valid and binding.
15.0 Assignability.
15.01 Neither party may assign any of the rights or duties: created by this Agreement without
the prior written approval of the other party.. It is acknowledged by City and County that no
officer, agency, employee or representative of City or County has any authority to grant such
assignment unless expressly granted that authority by the City Council and Commissioners'
Court, respectively.
16.0 Interpretational Guidelines.
16.01 Computation of Time. When any.. period of time is stated in this Agreement, the time
shall be computed to exclude the first day and include the last.day of the period. If the last day
of any period falls.on a Saturday, Sunday or a day that either.County or City has declared a
holiday for its employees; these days shall be omitted from the computation.
16.02 Number and Gender. Words of any gender in this Agreement shall be construed to
include any., other gender and words in either number shall be construed to include the other
unless context.in:the Agreement clearlyrequires otherwise.
16.03 Headings. The headings"at the beginning of the.various provisions of this Agreement
have been included only:to make'it easier to locate the subject matter covered by that section or
subsection. and are not to be used in construing this Agreement.
17.0 - Legal Authority
17.01 City Signors. The. person or persons signing this Agreement on behalf of City, or
representing -themselves as signing this Agreement on behalf of City, do hereby warrant and
guarantee that the City Council for the City of Beaumont has approved this agreement and
authorized the City's representative to sign this Agreement on behalf of the City and to bind
City validly and legally to all terms, performances, and provisions in this Agreement.
17.02 County.Signors. The person or persons signing this Agreement on behalf of County, or
representing themselves as signing this Agreement on behalf of County; do hereby warrant and
guarantee that the Commissioners' Court for Jefferson County has approved this Agreement
and authorized the County's representative to bind County validly -and legally to all terms,
performances, and provisions in this Agreement. - -
18.0 Effective Date. This Agreement is effective on October 1, 2018 as stated above in Section 2,0,
when executed by both parties.
EXECUTED in duplicate originals this is the
2018.
EXECUTED in duplicate originals this the
2018.
day of
CITY OF BEAUMONT
IKyleHayes
City Manager
Attest:
City Clerk
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APPROVED AS TO FORM:
City Attorney
day of
JEFFERSON COUNTY
By:
Jeff Branick
Jefferson County Judge.
Jefferson County, Texas